Dr Orjiako urge court to stay execution of bench warrant

Lagos business man Dr Ambrose Bryant Chukwueloka Orjiako, whose arrest was ordered by a federal high court sitting in Lagos South West, Nigeria, over an alleged disobedience of the court’s order has filed an application before the court staying the execution of the order of the court pending the hearing and final determination of the appeal filed against the order.

Dr Ojiakor is also urging the court to restrain the Deputy Sheriff of the Court, the Inspector General of Police and all officers under the command of the Nigerian Police force from executing the order of the arrest pending the hearing and determination of the appeal filed against the order.

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In an affidavit in support of the application sworn to by one Temidayo Alade and filed before the court, by Professor Kanyinsola Ajayi SAN, the deponent, averred that, the court ordered the appointment of a provisional liquidator over Shebah Exploration and Product Limited company and restrained the applicant from tampering with the company’s fixed and immovable assets.

However the petitioner, AOS Orwell Limited company alleging a breach of the exparte order of the court served on the applicant from 48 and undated form 49.

In form 49 the petitioner sought an order to lift the veil of the incorporation of the Shebah Exploration and Product Company to permit, authorize, contempt proceeding against Dr. Orjiakor, the application is still pending before the court and has not been granted.

Dr Orjiakor being dissatisfied with the Bench warrant order, has filed a notice of appeal to the court of Appeal against the bench warrant, and they believe that the notice of appeal raises recondite issues of law to be decided upon by the court of appeal.

Consequently, Dr. Ambrose Bryant Chukwueloka Orjiakor is urging the court to order the stay of execution of the order for bench warrant to be issued for his arrest pending the hearing and final determination of the appeal filed against the order.

The presiding judge Hadizat Shagari has adjourned till Monday, 11th of December, 2017 for further hearing.

In addition the applicant has filed application before the court challenging the jurisdiction of the court to entertain the winding up petition.

The applicant has also filed an application challenging the competence of Forms 48 and 49 issued by the petitioner, which is still pending before the court.